PHC suspends ACE notice to PTI MNA

PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the notice of Anti-Corruption Establishment to the Pakistan Tehreek-e-Insaf leader and lawmaker Muhammad Atif Khan and sought replies from the provincial government and the ACE.

A two-member bench of the PHC comprising Justice Sahibzada Asadullah and Justice Wiqar Ahmad heard the petition filed by PTI Member National Assembly Atif Khan against the anti-corruption notice issued to him.

The petitioner’s lawyer Shamail Butt informed the court that his client was an MNA and had previously served as a provincial minister. The ACE, Khyber Pakhtunkhwa, he said, had issued him a notice asking for his response regarding the Malam Jabba land scandal.

The notice, he pleaded, instructed him to participate in the investigation concerning the purchase of land in Malam Jabba.Besides that, he contended that another questionnaire was also sent to him regarding the private housing society ‘Fazal Garden’ in Mardan.

The lawyer further explained that the notice about the Malam Jabba land had been issued despite the fact that the National Accountability Bureau (NAB) had previously conducted an inquiry into the matter and concluded that everything was in order and had thus closed the investigation.

However, an inquiry was initiated upon the directives of the Public Accounts Committee’s chairman. It was decided that since the NAB executive board had approved the closure of the investigation, with no evidence found against the petitioner, the inquiry was closed as well.

The petitioner’s lawyer argued that in a writ petition at the PHC, NAB had submitted a response after which the court affirmed the NAB executive board’s decision and dismissed the case.

He pleaded that his client has a good reputation, but he was being harassed for political reasons, with an attempt to damage his credibility.Also, the anti-corruption department had also instructed him to respond to questions about Fazal Garden in Mardan, alleging that agricultural land had been converted into a housing society and provincial government funds were used for its development.

The lawyer contended that this questionnaire was incorrect as his client neither converted agricultural land into a housing society nor used any public funds, as the contract for the development of the housing scheme was awarded to a private company with proof available.

He said that the land in question was purchased by the petitioner’s ancestors from the Nawabs of Mardan in 1964. Four years ago, an agricultural officer in Mardan had confirmed that the land was not cultivable. Despite this, the petitioner was being issued the notice merely to target him for political revenge.

He prayed the court that the notice be declared null and void. After arguments, the bench suspended the anti-corruption notice sent to Atif Khan, and issued notices to both the ACE and the provincial government for their responses.